Man claims in suit that off-duty cop friend shot him

October 19, 2010

A man who was allegedly shot in the back of the head in January by his friend, an off-duty police officer, has sued his friend, the city and the two bars where they allegedly drank before the incident occurred.

Michael LaPorta and off-duty police officer Patrick Kelly had met up for drinks on the evening of Jan. 11, after a birthday celebration for LaPorta's father, LaPorta's uncle said earlier this year.

LaPorta decided to stay at Kelly's place in Mount Greenwood, according to the lawsuit filed in Cook County Circuit Court. But once there, according to the lawsuit, Kelly engaged in an "unjustified" fight with LaPorta. The suit does not describe the sequence of events that led to the alleged shooting or when exactly it occurred.

It only says that Kelly fired his service weapon, striking LaPorta in the back of the head.

LaPorta said in the lawsuit that he suffered "serious and permanent injuries" as a result of Kelly's negligence.

Kelly, a six-year veteran of the department, called police at 4:45 a.m. Jan. 12 to report that LaPorta was wounded.

He was stripped of his police powers and charged with misdemeanor assault after allegedly becoming combative with responding officers, police said at the time.

LaPorta, who went to Brother Rice High School with Kelly, is suing for an unspecified amount of damages.